Bill Summary for H 307 (2025-2026)
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| View NCGA Bill Details | 2025-2026 Session |
AN ACT TO ENACT IRYNA'S LAW; TO MODIFY THE LAW RELATED TO PRETRIAL RELEASE CONDITIONS; TO ADD AN AGGRAVATING SENTENCING FACTOR; TO MODIFY SUSPENSION OF MAGISTRATES; TO DIRECT THE COLLABORATORY TO STUDY MENTAL HEALTH AND THE JUSTICE SYSTEM; TO PROHIBIT CERTAIN TASK FORCES; TO MODIFY DEATH PENALTY PROCEEDINGS; TO MODIFY THE PROCEDURES FOR INVOLUNTARY COMMITMENT OF A DEFENDANT FOUND INCAPABLE OF PROCEEDING; TO EXTEND TERMS OF PROBATION AND POST-RELEASE SUPERVISION FOR YOUTH ADJUDICATED OF CERTAIN VIOLENT OFFENSES AND TO CLARIFY A VICTIM'S RIGHT TO BE NOTIFIED ABOUT TERMINATION OF PROBATION OR POST-RELEASE SUPERVISION; TO APPROPRIATE FUNDS FOR ADDITIONAL ASSISTANT DISTRICT ATTORNEYS AND LEGAL ASSISTANTS IN JUDICIAL DISTRICT 26; AND TO REQUIRE CERTAIN INVOLUNTARY COMMITMENT RESPONDENTS TO REMAIN IN CUSTODY PENDING HEARING.Intro. by Stevens.
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Bill summary
Senate amendments to the 3rd edition make the following changes.
Amendment #1 does the following.
Amends the act’s long title.
Amends GS 15A-534(c) by specifying that in orders authorizing pretrial release for a defendant who has been convicted of three or more offenses, each of which is a Class 1 misdemeanor or higher offense in the previous 10 years, the convictions for the offenses must have been in separate sessions of court.
Adds the following new content.
Amends GS 122C-266, concerning inpatient commitment, by adding that if the custody order states that the respondent has been convicted of a violent offense within the previous 10 years, and has been subject to a prior order of involuntary commitment within the previous five years, the physician must examine the respondent as required under the statute. Prohibits the respondent from being released from the facility until either: (1) the court has ordered the respondent’s release following the district court hearing or (2) both of the following occurred—(a) the physician has certified in writing that imminent risk has been remitted, any necessary follow-up appointments or medication have been arranged or provided, any necessary safety plan or housing plan is in place, and reasonable efforts have been made to contact the next of kin or a designated support person and (b) a district court judge has issued an order authorizing release before the district court hearing. Effective December 1, 2025, and applies to custody orders issued on or after that date.
Amendment #5 changes the language in Amendment #3 to now change the effective date provision of new Section 9.5 of the act from December 1, 2025, to December 1, 2027.
Amendment #7 makes the following changes. Amends GS 15-187 to no longer abolish death by execution or lethal gas. Sets the default method of execution as intravenous injection of a substance(s) in a lethal quantity sufficient to cause death and until the person is dead; however, if this is declared unconstitutional, then the new provisions of GS 15-188(b) (discussed below), apply. Makes conforming changes.
Amends GS 15-188 by adding the following provisions. New (b) requires the Secretary of the Department of Correction to establish, within 120 days of being notified that legal injection has been declared unconstitutional, or that it is unavailable, to select another method of executing a death sentence that has been adopted by another state, unless it has been declared unconstitutional. Also adds new provisions that require the Department of Adult Correction to establish protocols and procedures within 120 days once it establishes a method of execution and for the Secretary of the Department of Adult Correction to immediately schedule a date for the execution of the original death sentence not more than 60 days from the establishment of the protocols and procedures in this subsection, or within the timeframe specified in GS 15‑194, if applicable. Requires a report within 14 days on alternative methods chosen, to the Joint Legislative Commission on Governmental Operations. Requires the Attorney General and the Secretary of the Department of Adult Correction to report to the Joint Legislative Commission on Governmental Operations in every case in which a mode of execution under this statute is challenged by a defendant, deemed unconstitutional by a North Carolina court of competent jurisdiction, or is not an available mode for some other reason within 7 days of that event.
Makes conforming changes to GS 15-188.1 and GS 15-190(a).
Amends GS 7A-27 to provide that appeal lies of right directly to the Supreme Court for cases where a defendant is challenging the manner of execution, and a trial court has declared the method unconstitutional.
Exempts from Article 2A of GS Chapter 150B the Department of Adult Correction, with respect to the establishment and administration of any method of execution.
